What is Acta and why should you be worried about it?

Sopa
and Pipa might be on hold for the time-being, but there is a
greater threat looming. It's called the Anti-Counterfeiting
Trade Agreement (ACTA) and it's an international agreement that
aims to establish multinational standards on intellectual property
rights enforcement.

Most recently, Acta made the headlines when online activists
paralysed some of Poland's government sites to protest against
Warsaw's plans to sign the international copyright treaty. They
fear that it could lead to censorship on the web. Meanwhile
Anonymous has
announced over Twitter that it is planning a "huge operation
soon" opposing Acta.

Wired.co.uk has created a handy guide to the agreement and how
it might affect you. It's worth looking at the introductory video
in this post to start with.

What is Acta?
As noted earlier, ACTA is an international agreement that aims to
create international standards on intellectual property rights
enforcement. The title of the treaty suggests the agreement deals
with counterfeit goods, such as medicines and luxury goods.
However, the treaty actually has a much broader scope and will deal
with tools targeting internet distribution and information
technology.

It has been negotiated, mostly in secret, between various
countries and the EU over the last four years. Many states have
already signed up for Acta, well before the widespread web furore
over Sopa. So far, Canada, Japan, Korea, Morocco, New Zealand,
Singapore and the US have all signed up to Acta. The European
Union, Mexico and Switzerland have supported the treaty and shown a
commitment to signing it in the future. Acta was slipped through
the European Council in an agriculture and fisheries meeting in
December. Some of its more aggressive language has been removed
from more recent iterations of the treaty, particularly concerning
"disconnection of internet access". It is expected to be signed by
the EU on Thursday, before the European Parliament has a chance to
vote on it.

Is it really a trade agreement? Acta has been negotiated as a trade agreement, which has
allowed it certain freedoms from democratic scrutiny. Critics argue
that this is copyright legislation being pushed through under the
guise of a trade agreement so that it doesn't get debated as much.
Unusually for a trade agreement, there are criminal sanctions.

Trade Agreements can usually be agreed in Europe by the European
Commission on behalf of the EU. However, the European Commission
was not allowed to negotiate over Article 23 -- the controversial
part of the treaty which not only insists on criminal penalties for
piracy but also for those accused of "aiding and abetting"
copyright infringement -- the member states had to be represented
at the table. They negotiated these new criminal sanctions behind
closed doors

Acta is such an unusual beast that when the European Commission
pledged to create a guide about how Acta could be ratified, it took
months instead of weeks. It has been described as a "mixed
agreement".

What are the penalties for breaching the trade
agreement?
The particular criminal sanction is up to the signatories, but it
will mean prison and large fines for companies that that are
accused of copyright piracy on a "commercial scale" (explained in
more detail further down). This could mean any website found to be
hosting pirated content that has a large audience or even those
companies deemed to be "aiding and abetting" copyright
infringement, which could extend to ISPs, but not necessarily to
the average individual at home using Bittorrent to download a
song.

Who supports it? Acta is supported by major copyright holders including
pharmaceutical companies, movies studios and record labels.
Lobbying organisations include GlaxoSmithKline, Pfizer,
Sanofi-Aventis, Monsanto Company, Time Warner, Sony, Verizon, The
Walt Disney Company, the Motion Picture Association of America,
News Corporation, and Viacom. It looks like the European Commission
supports it but the European Parliament are unanimously against
it.

What are the arguments in favour of Acta?
Acta is an international treaty that aims to protect intellectual
property rights across borders. Copyright holders argue that it
marks a recognition of the value of intellectual property rights to
an economy's global competitiveness. By clamping down on
counterfeit goods, generic medicines and internet copyright
infringement, it is hoped that these valuable industries will be
protected and will allow companies to recoup revenues lost to
counterfeiting, for example.

Comments

You said that the European Parliament is against ACTA. I this still true as they are to vote on it soon?

Jacob Blaustein

Jan 24th 2012

You're mistaken in 'It creates a barrier to national law'.While it certainly would form a barrier (albeit a barrier voluntarily erected by a signatory state) ACTA repeatedly states that it does NOT change the definition and concept of intellectual property itself. It deals solely with enforcement and protection of what a nation state, separately, deems to be infringement.So if the Pirate party (in the unlikely event) convinced the UK to change what it considered to be copyright infringement, no part of ACTA would be in conflict, and BECAUSE the definition of infringement has changed, no part of ACTA can even 'bite' affected persons.I don't know where this misinformation comes from, I can only assume writers are basing their analyses of ACTA on previous versions that have since been amended. If you look at the final draft of ACTA, Article 3 states quite clearly:"This Agreement shall be without prejudice to provisions in a Party's law governing the availability, acquisition, scope, and maintenance of intellectual property rights.2. This Agreement does not create any obligation on a Party to apply measures where a right in intellectual property is not protected under its laws and regulations."

Justicia311

Jan 25th 2012

Black March! This is the only effective means to fight something that is by-passing democratic process and scrutiny:

1. Don't buy any music in March.2. Don't buy any movies.3. Don't go to the cinema.

ACTA is a very dangerous agreement - it is very unclear and vague, and it leaves a lot of loopholes for government­s to use to control the internet (and therefore society) - the last free medium of direct dialogue between people. ACTA is not just about copyrights­. Why do you think ACTA has been prepared in such a secret? Why weren't there public discussion­s about such an important thing as a personal right to privacy and presumptio­n of innocence (according to ACTA, your internet provider can, or even should, spy on you)? Government­s have forced through a law which, in the future, they could easily use to control internet.

So if you don't won't censorship­, Orwell's "1984" in reality and the reign of the corporatio­ns lobbying the government­s, read about ACTA, SOPA and PIPA and protest in any way you can!

gt

Jan 25th 2012

Where is the petition for this????? Seriously!

Db

Jan 26th 2012

In reply to Db

Here: http://epetitions.direct.gov.uk/petitions/20685Only 7k have signed, we need 100k for it to be considered...

Gaby

Jan 26th 2012

At least Poles are fighting for freedom of speech on the streets.Watch and learn.What is intellectual value of ibuprofen and who is the owner of copyrights?This is only one example.If is so simple-why was kept secret for years?Another Patriot Act only in economics?Black March 2 thumbs up.

v-man

Jan 26th 2012

I have something important to say and please forgive my poor EnglishThe consequences presented in the video for signing ACTA are already true in my country Syria but of course for a different reason which is to stop people from criticizing the Government, and Syria is one of the most restricted countries in whole world, and that is why we are making a revolution against the regime. I mean think about it, the reasons are different but the consequences are the same, so the dictatorship in our country is just a different type of dictatorship of which America is becoming, but of course this would affect the whole world.... save your country, am saying this because after the fall of many dictatorships in the Middle East it is sad to see it rising again in other countries, specially America which is supposed to be the land of freedomsave the freedom in your countries

Freihiet

Jan 27th 2012

Oh! I'm sulking because I "Liked" this to FB and whilst typing my comment, hit instead of with my comment half-finished. So, logged in to FB, deleted and now it won't let me "like" it again.

As with all of these acts, the huge powerboys of the commercial world are all up there.

Now, all of these proposed Acts have some basis in foundation. These are commercial companies and it costs money to create whatever they create. What they should do if they don't want people stealing it is to improve their security systems.

However, what they should all realise is the truth behind ancient edicts that there is "no such thing as bad news" &amp; "mimicry is the most sincere form of flattery". As people copy and spread items (whatever they may be) it acts as a showcase for the original, thereby encouraging others to buy the original product. By people copying (or attempting to copy), it reveals undiscovered flaws and also leads to new innovation. By over-legislating the companies then wrap themselves up in legal contests that cost as much (or more than) the costs of developing better security to prevent copying in the first place. By developing security, it would a) prevent the "theft" of "intellectual property", b) improve security for the good of everyone, c) Stop the legal vultures from thriving on the perpetuation of adversarial misery.

The best way for ordinary people to counter this sort of thing is for people to vote with their feet. If you like something, buy it from the original producer, don't simply get it for free and give them due recompense for their labours.

If conversely you don't like the heavy handed tactics of these massive commercial behemoths, don't buy their products, "share", or spread, or advocate, or support these products in any way, (boycott them).

Now the only problem is that these companies have already globally swallowed-up and thwarted any form of competition, innovation, inspiration, ability and hope for mankind to progress without being sued by one of their lawyers. They then operate as cartels so that the only place you can ever buy a type of drug, metal, machine, media, service is from them. This means that they become self-defeating and destroy commerce and innovation with the resulting effect that the economy collapses.

Apart from crimes against the person or environment, all other crimes (stealing, vandalism, etc.) are based on commercial or financial loss.

People should realise that if you don't buy from a corporation or own shares in them then they can't survive.

Similarly, a Government cannot survive without the will (or complacency) of the people. Everyone of any conscience should make their voice heard, and not believe the hype.

Richard Herron

Jan 29th 2012

I think, a people won't allow to censor Internet. Earlier or later, all of us incite to rebel.Greetings from Poland

Mateusz

Jan 31st 2012

let's hope we can stop ACTA... If we can't, we need to develop a way of bypassing ISPs entirely... They can't packet-inspect you if they can't see you! We need a new model for the internet!

The internet is fine just the way it is, it's not broken, it sure doesn't need to be repaired. Why do these fascist, imperialistic ideas germinate? I will actually get of my butt and try to stop this.There will be way to many arrests if any of these anti pirating laws go into effect... Almost everyone with a computer that is. Jail is no fun and it will be over crowded.

John

Feb 13th 2012

The internet is fine just the way it is, it's not broken, it sure doesn't need to be repaired. Where do these fascist, imperialistic ideas germinate? Where do they come from? Why do the people who come up with this garbage think that what there doing will make the world a better place. It's all about control and who has it and can enforce it. I will actually get off my butt and try to stop this. If this does happen, there will be way to many arrests if any of these anti pirating laws go into effect... Almost everyone with a computer that is. Jail is no fun and it will be very over crowded. One more thing... The internet won't be a fun place anymore and it will die a miserable death and in it's ashes a new world order of imperial fascist bureaucracy will arise to enslave your thoughts and dreams, that if your allowed to own a computer after you prison sentence, Take your pitchforks and storm the towers PEOPLE!

John

Feb 13th 2012

LOLOL, Democrats couldn't get it passed on the national stage so they took it to the International stage where today's Liberalism reigns much more freely.

This ACTA thing is going to pass. it's not a matter of if, ACTA is going to pass. Today's Liberalism dominates the international arena so ACTA is going to pass most definitely.

The real question here is what nations will sign the agreement to honor ACTA. That's the real question here. Here in the U.S. there's a great possibility that we won't agree to be legally bound by ACTA so long as enough of the U.S. Liberals make a big enough fuss about it during this election year.

However, Europe, Asia, Africa, South America, Canada, nobody can guarantee what they'll do with it. Places like Switzerland that have proven to honor the privacy and freedom of our internet access may not sign on with ACTA, but most of those other places are dominated by today's Liberal ideology, and I'm telling you, it will be today's Liberal ideology that fights the hardest to restrict internet freedom. Today's Conservative ideology is only helped by freedom of internet, however, Liberal ideology is attacked all the time by people who are too free on the internet.

JALUP

Jun 7th 2012

This ACTA is bullshit freedom for speech moor like freedom to shut the f**k up and do as you are told Nothing like hushed words behind closed doors to make us all feel safe NOT Why are we not aloud to have a say in this? You tell me